Trial-level judges in the Washington, DC, District Court are already reopening January 6 rioter proceedings less than two hours after the Supreme Court ruling.
The federal judge who sentenced Guy Reffitt, who was the first January 6 rioter convicted by a jury, said in an order Friday afternoon he will get a date to be re-sentenced in her court. That judge, Dabney Friedrich, has told other defendants they too may be re-sentenced, according to updates in the court records.
Reffitt had brought a gun to the Capitol and received a sentence of seven years in prison, which he is still serving.
In another case, the Justice Department indicated last week that a Supreme Court decision in the Fischer case may prompt them to want to re-try one of the most high-profile January 6 defendants, Jacob Chansley, known as the “QAnon Shaman.”
Chansley pleaded guilty — without a trial — to the felony obstruction charge and was sentenced to 41 months in prison in 2021. He was not accused of violence, and though he egged on other rioters with a bullhorn while carrying a flag pole with a spear and wearing horns, Chansley maintained he was largely peaceful.
Chansley has finished serving his prison time, but still is making requests in the court related to his case and has two years left of court-supervised release to serve.
Not only did Chansley’s image become a defining one among Trump supporters storming the US Capitol, he also was one of the earliest and few rioter cases the Justice Department brought where obstruction of justice was the most significant felony count.
The Justice Department said in a filing in Chansley’s case last week the Supreme Court decision in Fischer “may create a situation where evidence must be preserved and Defendant tried” again. The DOJ didn’t explain further.
Chansley is currently trying to get back into his possession property federal authorities seized from him, that was used in his case. But prosecutors said they need to hold onto the property still, because of the possibility of a new trial.
His defense lawyer has written in court recently his case is closed and final.